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Ord. 2000M-246 2023-02-13 Ordinance No. 2000M-246 An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; Tract (1): 11.0244 acres (480,224 square feet) of land, being a portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. (located in the northwest quadrant of Kirby Drive and Fruge Road). Zone Change Application No. ZONE 22-30, a request by Nolan Tiersch, applicant, on behalf of Welcome Real Estate Services, LLC., owner, for approval of a zone change from Spectrum-3 (S-3) District to Planned Development (PD) District, incorporating approximately 16.92 acre of land into the existing LNR Clear Creek Planned Development; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Nolan Tiersch, applicant, on behalf of Welcome Real Estate Services, LLC., owner, is requesting approval for a zone change from Spectrum-3 (S-3) District to Planned Development (PD) District, incorporating approximately 16.92 acre of land into the existing LNR Clear Creek Planned Development; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit “B”; and WHEREAS, on the 3rd of January 2023, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which being attached hereto and made a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 2 of 9 Ord. No. 2000M-246 WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, submitted its report and recommendation to the City Council regarding the proposed zone change from Spectrum-3 (S-3) District to Planned Development (PD) District, said recommendation attached hereto and made a part hereof for all purposes as Exhibit “D”; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at their regular meeting on the 3rd day of January 2023; and WHEREAS, on the 23rd day of January, 2023, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application for approval of a zone change from Spectrum-3 (S-3) District to Planned Development (PD) District, said PD standards and regulations attached hereto and made a part hereof for all purposes as Exhibit “E”, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the Spectrum-3 (S-3) District, is hereby granted approval for Planned Development (PD) District, in accordance with all conditions and requirements of the current Unified Development DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 3 of 9 Ord. No. 2000M-246 Code and the amendments approved by the City Council; and such property being more particularly described as: Legal Description: Tract (1): 11.0244 acres (480,224 square feet) of land, being a portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in th e Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. General Location: northwest quadrant of Kirby Drive and Fruge Road Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City’s police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 4 of 9 Ord. No. 2000M-246 under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of January 2023. ________________________ J.KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of February 2023. ________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 5 of 9 Ord. No. 2000M-246 Exhibit A Legal Description Tract (1): 11.0244 acres (480,224 square feet) of land, being a portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 6 of 9 Ord. No. 2000M-246 Exhibit “B” Vicinity Map DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 7 of 9 Ord. No. 2000M-246 Exhibit “C” Legal Advertisement DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 8 of 9 Ord. No. 2000M-246 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter January 4, 2023 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 22-30 Honorable Mayor and City Council Members: At their regular meeting on January 3, 2022, the Planning and Zoning Commission considered the following request: Request: A request by Nolan Tiersch, applicant, on behalf of Welcome Real Estate Services, LLC., owner, for approval of a zone change from Spectrum-3 (S-3) District to Planned Development (PD) District, incorporating approximately 16.92 acres of land into the existing LNR Clear Creek Planned Development Legal Description: Tract (1): 11.0244 acres (480,224 square feet) of land, being a portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps Records, and located in the James Hamilton Survey, Abstract No. 876, Harris County, Texas. General Location: northwest quadrant of Kirby Drive and Fruge Road The Commission conducted a public hearing and discussed the request at their regular meeting on January 3. The applicant was not available at the meeting. The Commission generally discussed the history of the LNR PD, the previous addendums which added land into the various districts, and the character of the districts with their allowed uses. After discussion, the Commission took a vote, the motion to approve the requested zone DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Page 9 of 9 Ord. No. 2000M-246 change from S3 to PD was approved by a vote of 6-0. Sincerely, Martin Griggs, AICP, CNU-A Assistant Director On behalf of the Planning and Zoning Commission DocuSign Envelope ID: 3A47A33D-FC64-4827-BA0D-D75A8DF1DADC Planned Development Addendum a. Introduction This addendum pertains to 16.926 acres of land located toward the south of the existing LNR – Planned Unit Development. This request is to change the zoning of those parcels of land from Spectrum District 3, S3 and add them into the existing Planned Development. The LNR PUD was approved in June 2004 under ordinance 509-718. There have been three amendments since its original approval. The First in January 2017 under 2000M-154 which amended certain uses to assure consistency of applied regulations across the city. The Second in June 2019 under ordinance 2000M-185 for the annexation of 19.5 acres into the PD. The third amendment in August 2022, under ordinance 2000M-231 for the annexation of 8.834 acres into the PD. This addendum would carry forward those regulations. Description of the subject property The original LNR PUD was approximately 144 acres located south of Beltway 8 along Kirby Drive. The PUD has been developed with several large facilities including; Lonza Biologics Inc., Mitsubishi Heavy Industries Compressor International Corporation, C.S.I. Cardiovascular Systems Inc., ToolFlo, Rex Supply, and Endress Hauser. The addition of the property will bring the total area of LNR PUD to approximately 189.23 acres. Description of proposed development The proposed development will consist of similar facilities and uses as allowed within the LNR – Planned Unit Development. The primary use will be for speculative office/warehouse. Describe the area The property being added to the PUD is approximately 16.926 acres of land which lies below 14933 Hooper Drive. This is located between Hooper Road and Kirby Drive, along the northwestern side of the Kirby Drive and Fruge Road intersection. Purpose statement The purpose of this addendum is to add the land within District “C”, the “Mixed-Use Industrial District”, of the Planned Unit Development. The development will adhere to the same criteria as the other tracts in the “Mixed-Use Industrial District”. Comprehensive Plan The amendment is consistent with the comprehensive plan and goals of the Lower Kirby District in the Future Land Use Plan. Applicability The applicability analysis from the original PD remains valid and unchanged. B. Zoning and Land Use Existing Zoning The property is currently Spectrum District 3, S3. Base zoning The base zoning will be District “C” of the LNR PUD. General standards The development will adhere to the standards with no changes. Permitted, conditional, and accessory uses authorized in the district The development will maintain the same list of permitted and conditional uses as previously approved for District “C”. C. Design Standards Public Right of Way Design Guidelines 1. Hooper Rd shall be added to the current Four Primary Streetscape/Street Settings within the PD, which will be as follows: 1. Kirby Drive Streetscape 2. Spectrum Drive Streetscape 3. Beltway 8 Streetscape 4. Collector Streetscape 5. Streets within Subdivided Quadrants 6. Hooper Road Streetscape 2. All the design requirements of Kirby Drive Streetscape in the original PD shall apply to Hooper Road Streetscape by this amendment. 3. All the design requirements of Beltway 8 Streetscape in the original PD, including landscape setback, utility easements, lighting, landscaping, tree preservation and grading shall apply to the subject property with this amendment. Signage, landscaping, fencing, parking, screening, trees, etc. No changes from the original PUD. List the deviations from the standards of the base zoning district There are no changes from the original PUD. Required dedications of land or public improvements The required dedications of land will be handled during platting. Phasing schedule There is no phasing schedule proposed for this development. Exhibits There are no additional exhibits.